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Recovery of State Aid in Corporate Groups and Post-Transfer

Juraj Gyarfas

DOI https://doi.org/10.21552/ESTAL/2012/1/267



The author submits two considerations that may be relevant for State aid recovery. First, aid, regardless of its form, can be modelled as a cash subsidy and hence the anticompetitive advantage is where the money is. Second, State aid law may draw a lesson from the doctrine of economic unity. Based on these notions, the author argues that in case of aid granted to a fully-owned subsidiary, the beneficiary is the entire group and hence, aid may be recovered

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